Question

The Constitution of India has been described as partly rigid and partly flexible. Explain.

Answer 1

The Indian Constitution is described as a mix of rigidity and flexibility due to the different amendment procedures provided under Article 368. It is not as rigid as the U.S. Constitution, nor as flexible as the British Constitution.

1. Flexible Elements: Certain provisions of the Constitution can be amended by a simple majority in both Houses of Parliament. Such matters include alteration of state names or boundaries, creation of new States or Union Territories, and changes in the salaries of Members of Parliament. These amendments are treated as ordinary legislation and can be passed with ease.
2. Rigid Elements: Some provisions of the Constitution need a special amendment procedure. They must be approved by a two-thirds majority of members present and voting in both Houses of Parliament and also be ratified by at least half of the State legislatures. Such amendments relate to the federal structure, the powers of the President, and the judiciary.
3. Special Majority Amendments: Several constitutional provisions can be amended by a special majority in both Houses of Parliament without requiring ratification by the States. These include amendments related to Fundamental Rights, Directive Principles of State Policy and matters concerning elections.
4. Balanced Approach: The makers of the Constitution sought to design a framework that could respond to changing circumstances without undermining its basic structure. This mixed approach permits essential reforms while safeguarding the fundamental democratic and federal values.

Hence, the Indian Constitution is termed “partly rigid and partly flexible” because it strikes a balance between stability and change, allowing it to adapt to societal needs while preserving its constitutional framework.